Labaton Sucharow Antitrust Team Co-Authors Amicus Brief on Behalf of American Antitrust Institute Urging U.S. Supreme Court to Uphold Federal Antitrust Case by Smart-Phone Users

New York, October 4, 2018 – Partner Jay L. Himes, co-chair of Labaton Sucharow’s Antitrust and Competition Litigation Practice, led a team of firm lawyers in drafting an amicus brief filed before the U.S. Supreme Court on behalf of the American Antitrust Institute.

The amicus brief, submitted on October 1, calls on the U.S. Supreme Court to reject an expansion of the Illinois Brick indirect-purchaser rule that would bar consumers who purchase products from Apple’s App Store from suing Apple for damages for monopolistic conduct. Apple is seeking to have the Supreme Court overturn an appellate ruling permitting App Store customers to sue under federal antitrust law. The Solicitor General of the United States has sided with Apple in the Supreme Court.

Having adopted the indirect-purchaser rule in 1977, the Supreme Court has not revisited it in nearly 30 years.

Himes, an AAI’s advisory board member, and AAI General Counsel Rick Brunell, wrote the brief, with assistance from Labaton Sucharow’s Matthew Perez, Jonathan Crevier, Tianran Song, and Stacy Redman, and AAI Associate General Counsel Randy Stutz.

More information about the case and a copy of the brief is available here.